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Not sure if this is the right place to ask this. sorry.
Is there (and if there is, what is it?) a length of time which will qualify a person to be eligible for a part of the property that is shared (lived in) with their SO in the event if the SO is the only name on mortgage?
Need to be legally married or have a will leaving the property to you. But you still need to go through probate. If you are not talking about death/inheritance, Google your state's common law marriage rules. May still be separate property.
Apparently, common law marriage is not valid in Illinois...so I'm not sure how a person could attempt to claim property which they did not own, regardless of the length of time it was lived in. Did the person in question help to pay off the mortgage? Maybe they could sue to try to establish some new case law.
I doubt that would come into play here. It sounds like the OP is thinking about dumping his live-in girlfriend and is concerned about her being able to claim part ownership of the house. Maybe it is just a hypothetical inquiry--but that's my guess.
Even though present day law in Illinois does not appear to support a live-in partner being able to claim part ownership of a house, the facts and circumstances of any particular situation may come into play. Someone is clearly free to file a lawsuit and make their case. What is considered law through the legal statutes evolves due to case law--and new case law is made all of the time. I guess that makes life interesting.
I read it as though it's the OP who wants a piece of the house.
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